All Your Questions Answered About Hiring A Social Security Lawyer
Posted by admin on Jun 18, 2009
There are many ways by which hiring a social security lawyer can be beneficial to you. Many people who apply for Social Security disability benefits without the help of a social security lawyer will often have a difficult time with the process, putting even more burden on an already difficult situation. Since the application process for such benefits are often determined by a points system, a qualified social security lawyer can make things easier and simpler. With the many different kinds of Social Security disability benefits available, a social security lawyer can help you sort through them and help find the one that best fits your needs. A social security lawyer will even be able to guide you through the qualification process.
There are actually a few disability benefits offered by the Social Security system. The rules for each one can be quite complicated, which is why hiring a social security lawyer can be helpful. A social security lawyer will be able to tell you the differences between each one and which will best suit your needs. This article will go into detail about two types of benefits in particular; Social Security Disability Insurance or SSDI, and Supplemental Security Income or SSI. Your eligibility of SSDI is dependent on your work history and disability, while SSI takes into consideration disability, as well as your income, old age or blindness.
Your social security lawyer can help you apply for SSDI if your Social Security fees are paid, and you are suffering from a physical or mental condition that prevents you from working. People who have been disabled for 12 months, anticipate being disabled for 12 months, or expect death to result from their condition can also apply for the program. Keep in mind that you do not have to wait for 12 months before filing your claim, if you expect to be disabled for that long.
There are situations wherein the Social Security office will overpay you. Again a social security lawyer can help you with this situation, especially if the error lies with the Social Security Administration and you are asked to pay back the overpaid amount, in which case you may want to file for a waiver. If your request for a waiver is denied, you may have your social security lawyer represent you in an appeal process that will determine whether or not you will have to pay back the overpaid benefits.
You can receive a maximum of four credits annually (which is why credits are also called ‘quarters’), and any credits you earn will remain on your record even during periods in which you’re not working.
A certain number of credits or quarters are required in order to qualify you to receive social security benefits. This number is based on age, and is generally calculated by number of years worked. If you’re looking to be eligible for social security benefits for retirement (and are of more than 62 years of age), you will need to have 40 credits (the equivalent of 10 years of work).
It does occur, however, that a person of retirement age who has worked for what seems to be the correct number of years does not have enough credits to qualify him or her for social security benefits.
Q: Are there asset limitations for SSI?
A: Social Security will factor in all income and assets when determining eligibility for Supplemental Security Income. If you have beyond two thousand dollars worth of countable assets, you will not qualify for SSI. The home you live in is not a countable asset. Likewise, the car you drive is not considered a countable asset. Additional cars and property, however, do count.
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Social Security pays benefits to people who cannot work or need to discontinue employment owing to a medical condition that is expected to last at least one year or is possibly fatal. However, the persons earning above a certain quantum of salary will not be considered for social security benefits. The administration’s Update (Publication No. 05 10003) stipulates the cut off amount for the present year and this amount changes from year to year depending upon the economic conditions. However, the Social Security Act does not recognize the validity of partial disability, and individuals claiming such conditions are not eligible for benefits.
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Q: Are you in jeopardy of losing your social security benefits, if a review of your case is currently being done?
A: Social Security regularly reviews all disability cases that receive benefits. The reviews are conducted every several years. Since there can be a backlog of cases, the reviews may not happen for a year or two after they are supposed to. That is why you hear of some cases that have not been reviewed for years after initial approval.
Q: Where do I submit an application for social security disability benefits?
A: You can apply for social security disability benefits online at http://www. socialsecurity. gov or by calling Social Security at 800. 772. 1213.
Any social security lawyer or advocate can tell you to expect this to happen if you haven’t worked enough. Unfortuantely, though, it can also happen when you’ve waited too long to apply for SSD, or when a judge has decided to change your disability’s official onset date. If this happens, your first step should be to consult a social security lawyer or advocate to find out your options.
Q: If I have an SSD claim pending, can I still work?
A: A social security lawyer will define an SSD eligible disability as one that will prevent you from making a gainful income in your or any other field. This doesn’t necessarily mean, though, that you cannot work at all.
Given that the application and review process for claims can be quite lengthy, a good number of claimants are awarded benefits retroactively.
Q: Will my children receive benefits?
A: Whether or not your children receive benefits will depend upon how much you contributed to Social Security prior to being injured. In some cases, children are eligible for up to 50 percent of the amount of benefits you receive. There is a cap on the amount for which dependents are eligible. As previously mentioned, that amount is dependent upon how much you have contributed to Social Security over your time in the workforce.
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